Knoche v. Whiteman
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. James Gibson, Judge. - (1) Instruction number five, offered by appellants, should have been given. Respondent admits the validity of appellants’ mortgage and defends by saying: “I bought the property from Perry, who says your agent verbally released it from your mortgage.” This is an affirmative defense and the burden was on respondent to establish it by the preponderance of the evidence.
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Appeal from the Jackson Circuit Court. — Hon. James Gibson, Judge. - (1) Instruction number five, offered by appellants, should have been given. Respondent admits the validity of appellants’ mortgage and defends by saying: “I bought the property from Perry, who says your agent verbally released it from your mortgage.” This is an affirmative defense and the burden was on respondent to establish it by the preponderance of the evidence. Banks v. Wood, 124 Mo. 72; Kent v. Miltenberger, 13 Mo. App. 503; Conway v. Reed, 66 Mo. 346; Cox v. Railroad, 128 Mo. 362; Gutzweiler’s Adm’r v. Lackmann, 39…
1Opinion of the Court
ELLISON, J.-
This is an action begun before a justice of the peace to recover damages for the alleged conversion of an electric motor. Defendant prevailed in the circuit court whence the case had been taken on appeal.
Plaintiffs are the mortgagees of the motor, having taken the mortgage from one Eairman. The mortgage was duly recorded. Eairman as owner and mortgagor remained in possession and1 afterwards sold the motor to one Perry, subject to the mortgage. Perry afterwards sold the property to defendant, nothing being said as to the mortgage. Defendant refused to recognize plaintiffs’ claim…
2Cases cited6 opinions
- First National Bank v. WoodSupreme Court of Missouri · 1894
- Johnson v. HurleySupreme Court of Missouri · 1893
- Kent v. MiltenbergerMissouri Court of Appeals · 1883
- Cox v. Atchison, Topeka & Santa Fe RailroadSupreme Court of Missouri · 1895
- Bunker v. HiblerMissouri Court of Appeals · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- McGraw v. O'NeilMissouri Court of Appeals · 1907
- Hodkinson v. McNeal Machinery Co.Missouri Court of Appeals · 1911
- Pemiscot Land & Cooperage Co. v. DavisMissouri Court of Appeals · 1910
- Curtiss Candy Co. v. National Finance Corp.Missouri Court of Appeals · 1934